Authorities Must Decide Public-Street Encroachment Representation on Merits After Hearing Affected Parties

The petitioner sought a direction under Article 226 requiring the authorities to remove the seventh respondent’s alleged encroachments on a public street in Survey No. 297/6B, Poovani Village, which the petitioner said blocked access to North AD Colony Street and its connection to the Palayamkottai–Ottapidaram Main Road.

The petitioner relied on earlier orders of the second respondent and stated that a representation dated 3 October 2024 seeking removal of the encroachments had not been acted upon.

The State’s counsel submitted that the representation would be considered and appropriate orders passed in accordance with law.

1. Whether the authorities should be directed to consider the petitioner’s representation concerning the alleged obstruction of the public street and pass appropriate orders.

2. Whether the Court should determine the merits of the alleged encroachment in this writ petition.

The petition was brought under Article 226 of the Constitution of India, under which the High Court may issue directions to public authorities.

The Court directed consideration of the representation on its merits and in accordance with law, after affording necessary parties an opportunity of hearing. No statute, precedent, or substantive rule governing the alleged encroachment was discussed or applied; the Court expressly refrained from expressing an opinion on the merits.

In light of the State’s undertaking that the representation would be considered, the Court did not adjudicate whether an encroachment existed or whether the earlier orders required enforcement.

Instead, it directed the concerned authorities to consider the representation, hear necessary parties—including the seventh respondent, if required—and decide the matter in accordance with law.

No costs were ordered, and the connected miscellaneous petition was closed.